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PETITION OF ALLEN N. SPOONER & SONS

148 F.Supp. 181 (1956)

Petition of ALLEN N. SPOONER & SONS, Inc., as owner of THE Derrick NO. 17, her boilers, engines, apparel, tackle, etc., THE Deck Scow NO. 29 and two catamarans, in a cause of limitation of or exoneration from liability.

United States District Court S. D. New York.

December 13, 1956.

Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, New York City, for Port of N. Y. Authority.

Macklin, Speer, Hanan & McKernan, New York City, for petitioner.

EDELSTEIN, District Judge.

The Port of New York Authority has moved to vacate or modify the restraining order, issued in the limitation of liability proceedings instituted by petitioner, so as to remove from the operation of the order the claims of the Authority against the petitioner, on the ground that those claims arise exclusively out of a "personal contract" between the movant and petitioner and are not subject to the operation of the limitation of liability...

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